| Probable cause affidavit: |
SUBMITTED BY: FERGUSON, ROBERT A 0505 (AR13-7431) (CASE 13-131381) DID UNLAWFULLY AND KNOWINGLY TAKE, OBTAIN OR USE OR ENDEAVOR TO TAKE, OBTAIN OR USE THE PROPERTY OF BEALLâS DEPARTMENT STORE, TO WIT: 1 PAIR OF SIZE 11 PUMA SNEAKERS, VALUED AT $65.00, BY CARRYING AWAY THE SAID MERCHANDISE, WITH INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE, A MERCHANT, OF THE POSSESSION, USE, BENEFIT, OR FULL RETAIL VALUE OF SAID PROPERTY, SAID PROPERTY BEING OF A VALUE OF LESS THAN $300.00, IN VIOLATION OF FLORIDA STATE STATUTES 812.015, 812.014(1), AND 812.014(3)(A). ON 092513, I RESPONDED TO BEALLâS DEPARTMENT STORE IN CRYSTAL RIVER IN REFERENCE TO A SHOPLIFTING THAT HAD JUST OCCURRED. UPON MY ARRIVAL I MADE CONTACT WITH LOSS PREVENTION OFFICER MR CHAD WHITLER, WHO ADVISED THAT DEFENDANT, MR DAKOTA MOSHER, ALONG WITH HIS BROTHER, LATER IDENTIFIED AS MR KOURTENAY WOERTH, ATTEMPTED TO STEAL A PAIR OF PUMA SIZE 11 SNEAKERS, VALUED AT $65.00. HE FURTHER ADVISED THAT MR MOSHER EXITED THE STORE PASSING ALL POINTS OF PURCHASE WITH THE STOLEN SHOES ON HIS FEET. I THEN MADE CONTACT WITH DEFENDANT MOSHER WHERE HE WAS PLACED IN HANDCUFFS, DOUBLE LOCKED, AND READ HIS MIRANDA WARNING VIA A PREPRINTED AGENCY CARD. MR MOSHER ADVISED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH ME. HE ADVISED HE AND HIS BROTHER, MR KOURTENAY WOERTH, WERE SHOPPING AND THAT MR WOERTH SELECTED THE SHOES THAT HE WORE OUT OF THE STORE. HE ADVISED MR WOERTH CONVINCED HIM TO WEAR THEM OUT OF THE STORE AND THAT HE WENT ALONG WITH MR WOERTHâS PLAN. MR WHITLER ADVISED THAT HE OBSERVED MR WOERTHâS VEHICLE PARKED IN FRONT OF BEALLâS OUTLET, AT WHICH TINE I RESPONDED DOWN TO THAT LOCATION IN AN ATTEMPT TO MAKE CONTACT WITH MR WOERTH. I OBSERVED MR WOERTH EXITING BEALLâS OUTLET, AT WHICH TIME I MADE CONTACT WITH HIM. MR WOERTH INITIALLY DENIED ANY KNOWLEDGE OF THE SHOES THAT HAD BEEN STOLEN AND STATED THAT THEY DID NOT HAVE SHOES IN HIS SIZE SO HE DID NOT PURCHASE ANY. HE THEN ADVISED THAT HE WEARS A SIZE 11, WHICH IS THE SAME SIZE THAT MR MOSHER HAD STOLEN. MR WOERTH WAS PLACED UNDER ARREST, HANDCUFFED DOUBLE LOCKED BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE. HE WAS THEN READ HIS MIRANDA WARNING VIA A PREPRINTED AGENCY CARD, AT WHICH TIME HE STATED HE UNDERSTOOD HIS RIGHTS AND WOULD SPEAK WITH ME. MR WOERTH ADVISED HE DID, IN FACT, TALK HIS BROTHER, MR MOSHER, INTO STEALING THE SHOES AND THEY WERE, IN FACT, FOR HIM. DEPUTY KYLE FERGUSON RESPONDED TO THE SCENE AND TRANSPORTED MR WOERTH TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. MR WHITLER PROVIDED A SWORN WRITTEN STATEMENT, ALONG WITH A COPY OF THE SURVEILLANCE VIDEO AND A PHOTOGRAPH OF THE SHOES WHICH WILL BE TURNED IN TO EVIDENCE. MR MOSHER WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, WHERE UPON ARRIVAL HE WAS CHARGED WITH ONE COUNT OF RETAIL PETIT THEFT WITH HIS BOND SET AT $250.00 PER THE BOND SCHEDULE. |
